them off at pleasure and without mercy, as the only
bar to the triumph of truth and justice? Or whether
benevolence, constructed upon a logical scale, would
not be merely
nominal, whether duty, raised
to too lofty a pitch of refinement, might not sink
into callous indifference or hollow selfishness?
Again, is it not to exact too high a strain from humanity,
to ask us to qualify the degree of abhorrence we feel
against a murderer by taking into our cool consideration
the pleasure he may have in committing the deed, and
in the prospect of gratifying his avarice or his revenge?
We are hardly so formed as to sympathise at the same
moment with the assassin and his victim. The
degree of pleasure the former may feel, instead of
extenuating, aggravates his guilt, and shews the depth
of his malignity. Now the mind revolts against
this by mere natural antipathy, if it is itself well-disposed;
or the slow process of reason would afford but a feeble
resistance to violence and wrong. The will, which
is necessary to give consistency and promptness to
our good intentions, cannot extend so much candour
and courtesy to the antagonist principle of evil:
virtue, to be sincere and practical, cannot be divested
entirely of the blindness and impetuosity of passion!
It has been made a plea (half jest, half earnest)
for the horrors of war, that they promote trade and
manufactures. It has been said, as a set-off for
the atrocities practised upon the negro slaves in
the West Indies, that without their blood and sweat,
so many millions of people could not have sugar to
sweeten their tea. Fires and murders have been
argued to be beneficial, as they serve to fill the
newspapers, and for a subject to talk of—
this is a sort of sophistry that it might be difficult
to disprove on the bare scheme of contingent utility;
but on the ground that we have stated, it must pass
for a mere irony. What the proportion between
the good and the evil will really be found in any
of the supposed cases, may be a question to the understanding;
but to the imagination and the heart, that is, to
the natural feelings of mankind, it admits of none!
Mr. Bentham, in adjusting the provisions of a penal
code, lays too little stress on the cooperation of
the natural prejudices of mankind, and the habitual
feelings of that class of persons for whom they are
more particularly designed. Legislators (we mean
writers on legislation) are philosophers, and governed
by their reason: criminals, for whose controul
laws are made, are a set of desperadoes, governed only
by their passions. What wonder that so little
progress has been made towards a mutual understanding
between the two parties! They are quite a different
species, and speak a different language, and are sadly
at a loss for a common interpreter between them.
Perhaps the Ordinary of Newgate bids as fair for this
office as any one. What should Mr. Bentham, sitting
at ease in his arm-chair, composing his mind before
he begins to write by a prelude on the organ, and